Businessman Cleophas Shimanyula alias Toto now says that the Ksh.800 million demanded from him by Kakamega Senator Boni Khalwale as damages for defaming him is unjustified.

Toto has asked the court to dismiss the case against him adding that the death of his nephew can only be determined upon hearing and disposal of a complaint lodged at the Kakamega Law Courts.

“The applicant is an elected representative of the people of Kakamega who should always present himself for scrutiny, oversight and constructive criticism, “reads court papers.

However, when the matter came up for hearing, the preliminary objection by the businessman was withdrawn.

The court directed parties to appear on the 23rd of May for hearing and extended its earlier order stopping Toto from publishing or defaming the senator.

In the suit, Khalwale demands Ksh.800 million to be shared between himself and his three wives and an additional Ksh.500 million for his 17 children.

Through his lawyers Danstan Omari and Shadrach Wambui, Khalwale had earlier written to Toto, demanding that he retract a statement against him within 48 hours.

The Senator proceeded to file another suit after the businessman failed to retract the statement, where he (Toto) had linked Khalwale to the death of his farmhand, Kizito Moi.